United States Court of Appeals v. Jose Antonio Yanez-Saucedo

In this appeal, Jose Antonio Yanez-Sau-cedo argues that the district court erred in concluding that his conviction for third-degree rape under Wash. Rev.Code § 9A.44.060 constituted an aggravated felony for sentencing enhancement purposes under U.S.S.G. § 2L1.2 (2000). He also argues that his enhanced sentence violates Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Because his arguments lack merit, we AFFIRM.

I. BACKGROUND

In August 2000, Yanez-Saucedo, a Mexican citizen, pled guilty to illegal reentry into the United States after removal, in violation of 8 U.S.C. § 1326 . The Presen-tence Report recommended application of U.S.S.G. § 2L1.2(b)(l)(A), which at that time required a sixteen-level enhancement for a defendant previously removed after a conviction for an aggravated felony. As relevant here, the term aggravated felony includes “murder, rape, or sexual abuse of a minor.” 8 U.S.C. § 1101 (a)(43)(A).

The recommended enhancement was based on Yanez-Saucedo’s conviction following a 1991 guilty plea to third-degree rape in violation of Wash. Rev.Code § 9A.44.060. Under the Washington statute, a person is guilty of third-degree rape if…